Madras High CourtWP(MD)/19041/2018disposed of

Muthuramalingam, v. The Joint Registrar,

2018-09-03Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.19041 of 2018 and W.M.P.[MD].Nos.16877 & 16878 of 2018 Muthuramalingam : Petitioner Vs.

1. The Joint Registrar, Co-operative Societies, Virudhunagar District, Virudhunagar.

2. The District Election Officer / Deputy Registrar of Co-operative Societies, Virudhunagar, Virudhunagar District.

3. The Election Officer / Co-operative Sub Registrar, Sp.spl 37 - Malli Primary Co-operative Credit Society Ltd., O/o. The Deputy Registrar of Co-operative Societies, Srivilliputhur, Virudhunagar District.

4. The Election Officer, Sp.spl 37 - Malli Primary Co-operative Credit Society Ltd., Srivilliputhur Taluk, Virudhunagar District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the impugned election announcement in respect of declared 11 members as duly elected in Virudhunagar District, Srivilliputhur Taluk, Sp.spl.37, Mali Co-operative Credit Society, dated 28.08.2018, as illegal and quash the same.

For Petitioner : Mr.M.Govindarajan For Respondents : Mr.K.Chellapandian, Additional Advocate General, Assisted by Mr.A.K.Baskarapandian, Special Government Pleader for R.1 & R.2 Mr.M.Mahaboob Athiff for R.3 & R.4 *****

ORDER

******** [Order of the Court was made by M.M.SUNDRESH, J.] Heard the learned Counsel appearing on either side.

2. The prayer, as such, sought for by the petitioner cannot be granted. Admittedly, the election to the Board is over. Thus, the only remedy that is now open to the petitioner is to approach the Registrar of Co-operative Societies, Chennai, under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, in view of the order of the Hon'ble Division Bench of this Court in W.P.No.7526 of 2018 etc., batch, dated 03.08.2018.

3. In such a view of the matter, we are not inclined to entertain this writ petition and accordingly, the same is dismissed. However, liberty is given to the petitioner to exhaust the remedy as indicated above. If the Registrar of Co-operative Societies, Chennai, receives any complaint / representation from the petitioner in this regard, the same shall be disposed of within a period of three months from the date of receipt of such complaint / representation. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS-) To

1. The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, Kilpauk, Chennai - 10.

2. The Joint Registrar, Co-operative Societies, Virudhunagar District, Virudhunagar.

3. The District Election Officer / Deputy Registrar of Co-operative Societies, Virudhunagar, Virudhunagar District.

4. The Election Officer / Co-operative Sub Registrar, Sp.spl 37 - Malli Primary Co-operative Credit Society Ltd., O/o. The Deputy Registrar of Co-operative Societies, Srivilliputhur, Virudhunagar District.

5. The Election Officer, Sp.spl 37 - Malli Primary Co-operative Credit Society Ltd., Srivilliputhur Taluk, Virudhunagar District.

+ 1 CC TO Mr.B.ANANDAN, ADVOCATE IN SR No. 82287 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 82196 GK TE/RSK/SAR-2 : 20/09/2018 : 3P/8C W.P.[MD].No.19041 of 2018 and W.M.P.[MD].Nos.16877 & 16878 of 2018 03.09.2018